refused out of time statutory declaration |
refused out of time statutory declaration |
Sat, 16 Apr 2016 - 20:26
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#1
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
I moved house in dec 2014 and although I changed my driving licence address I did not realised it did not automatically change my car registration details for almost 12 months. I did have a forwarding contract with the post office for 3 months however after this no post has been forwarded on and I believe the property is empty. I have proof that I left the address in Dec in the from of council tax adjustment notices and even car insurance change of address correspondence. I have since changed my reg details. On 04/03/2016 I received a bailiff notice for an unpaid PCN from 24/07/2015 from Waltham forest.
I filled in a statutory declaration out of time, PE2 and PE3 and have now had this refused. I now have 14 days to decide whether to pay the £350 odd straight up or appeal the decision using a N244 form and if I pay £255 for a review with a hearing or £100 for a review without a hearing. It seems a ridiculously unfair system but any advice would be gratefully received. Am I am just wasting my time and money with a district judge review? |
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Sat, 16 Apr 2016 - 20:26
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Sat, 16 Apr 2016 - 21:04
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#2
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Member Group: Members Posts: 35,049 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
What does 'I have since changed my reg details' mean?
And give dates, the more precision the better. It is now 16 months into this affair and you would at least have had to tax your car which would have meant declaring your address at some stage. |
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Sat, 16 Apr 2016 - 21:16
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#3
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
apologies by car reg details I mean I changed my address on my car registration documents. I did this in Jan 2016 when I realised my car tax was overdue and I had not had a reminder letter. The first time I was made aware of the PCN was with a bailiff letter on 4th March 2016 which was sent to my new and current address, presumably the DVLA had updated them.
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Sat, 16 Apr 2016 - 21:20
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#4
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
£350 odd Odd is an understatement isn't it? £512 or £277 ? -------------------- |
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Sat, 16 Apr 2016 - 21:31
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#5
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
Need to see your PE2 and PE3 as submitted please.
Edit personal details. http://forums.pepipoo.com/index.php?showtopic=36858 No N244 is not necessarily a waste of time. WF should have sent you a copy of their objection to your OOT. Called a Statement of Truth. I'm gonna guess they didn't? This post has been edited by Neil B: Sat, 16 Apr 2016 - 21:34 -------------------- |
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Sat, 16 Apr 2016 - 21:47
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#6
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
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Sat, 16 Apr 2016 - 21:56
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#7
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
I will attached this too. Please see the link I gave you re images. No, not nearly enough; no dates, no evidence of move, etc. What was the contravention? What dates do you have of these > Contravention PCN Debt registered at TEC Warrant issued Bailiff's ENs -------------------- |
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Sat, 16 Apr 2016 - 22:07
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#8
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
Contravention was entering a no stop box according to the statement of truth; date of contravention 24/07/2015 pCN posted 29/07/2015 charge certificate posted 7/09/2015 order for recovery posted 20/11/2015 warrant of control posted 15/01/2016 bailiff letter received 04/03/2016 what is a bailiff's ENs |
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Sat, 16 Apr 2016 - 22:13
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#9
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
Enforcement Notice from the bailiff.
Continue most tomorrow. I queried the amount you said owing to bailiff? --- There are a few other current bailiff threads. Have a read and it will save us all time. Ask any questions you need to. This post has been edited by Neil B: Sat, 16 Apr 2016 - 22:14 -------------------- |
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Mon, 18 Apr 2016 - 08:15
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#10
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
Morning Amelia.
yes I have had a statement of truth. Can we see it please. + I queried the amount you said owing to bailiff? Do you have any questions of your own? -------------------- |
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Mon, 18 Apr 2016 - 18:12
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#11
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
The amount owing is £277 not £512
My main question is still the same is it worth me going through a hearing or should I just pay the amount? I have no idea if this kind of appeal would be successful |
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Tue, 19 Apr 2016 - 00:05
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#12
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
The amount owing is £277 not £512 My main question is still the same is it worth me going through a hearing or should I just pay the amount? I have no idea if this kind of appeal would be successful We need that SoT. In all honesty, as unfair as the system is, your maximum net saving would be only £112, if successful. I've been told, in the past, that most are but I don't have statistics and every case has its own circumstances. -------------------- |
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Wed, 20 Apr 2016 - 08:51
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#13
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Member Group: Members Posts: 415 Joined: 4 Apr 2016 Member No.: 83,440 |
yes I have had a statement of truth. I will attached this too. I am presuming I have not added enough information in the pe2/3. From reading your Statutory Declaration it is clear that you provided so little information that it was not surprising that it was rejected. At the very least you should have mentioned WHEN you moved and WHEN you updated your records with DVLA. Even if you had not updated your records this is not a good enough reason to refuse your application but it is always a good idea to mention WHY you you may have forgotten. For instance yesterday, we had news that two OoT's that I had assisted with had been accepted. In one case, it was explained that DVLA records were not updated because the individual had to move from his previous property at the end of March (last year) as his lease had came to an end but that his new property that he had purchased was not available to move into until August and he was living temporarily with his parents and that when he did move in August he updated his records to that of his permanent address. In the case of the 2nd Out of Time, a contravention had occurred in April last year and this was two weeks after moving from her previous address. We disclosed on the Out of Time that DVLA records were not updated and the reason for this was because the vehicle was sold three weeks after moving. Can you post up a copy of the local authorities response. |
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Wed, 20 Apr 2016 - 19:51
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#14
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New Member Group: Members Posts: 6 Joined: 16 Apr 2016 Member No.: 83,767 |
Thank you for the replies. I do appreciate that I filled the statutory declaration in poorly however hindsight is a wonderful thing. When I spoke to Northhampton (who sent me the forms) they made out the form was a minor formality and to fill just the basic details in hence the small space provided to give information. Clearly my mistake as I didn't even search for forums at that time , was completely mis-led by them and didn't even think the out of time would be refused! I think I will just pay the money. The whole process has been too stressful and to delay it by a further 4 months, potentially loose the hearing and still have to pay on top of the hearing fees just seems like a lot more stress.
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